How To Write An Adoptive Home Study

Transcription

1 STATE STATUTES Current Through February 2012 Home Study Requirements for Prospective Parents in Domestic Adoption Laws and policies for approving prospective adoptive homes vary considerably from State to State. In all cases, the process involves conducting an assessment or home study of the prospective adoptive parent or parents. The home study process serves many purposes, including educating and preparing the prospective parents for parenting an adopted child, gathering information about the family in order to better match the parent and child, and evaluating the fitness of the adoptive family. 1 1 For an overview of adoption home studies, see Information Gateway s The Adoption Home Study Process, /pubs/f_ homstu.pdf Electronic copies of this publication may be downloaded at / systemwide/laws_policies/statutes/ homestudyreqs_adoption.cfm To find statute information for a particular State, go to / systemwide/laws_policies/state/ index.cfm To find information on all the States and territories, order a copy of the full-length PDF by calling , or download it at / systemwide/laws_policies/statutes/ homestudyreqs_adoption.pdf Child Welfare Information Gateway Children s Bureau/ACYF 1250 Maryland Avenue, SW Eighth Floor Washington, DC info@childwelfare.gov

2 Who Must Be Included in the Home Study In all States, the District of Columbia, Puerto Rico, and the territories of American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands, all applicants for adoption, whether single or couples adopting jointly, must be included in the adoption home study. In approximately 21 States, any adult member of the household also must be evaluated. 2 In 19 States, the District of Columbia, and Guam, all household members, regardless of age, must be included in the study. 3 Agency or Person Conducting the Study State laws and regulations specify the person or entity who may conduct a home study that will be acceptable to the court that will hear the adoption petition. In most States, the department or licensed child-placing agency may be that entity. In 11 States, a licensed social worker may conduct home studies. 4 In 10 States and the Northern Mariana Islands, a person designated by the court may conduct studies. 5 In seven States, an agency or individual licensed or qualified by the department may complete the assessment of the prospective adoptive home. 6 Qualifications for Adoptive Parents In general, any adult, whether single or married, may apply to adopt a child. 7 In Maryland and New Hampshire, married applicants must present evidence of a stable marriage. Four States require married couples to have been married for a minimum length of time. 8 In five States, couples who are 2 The word approximately is used to stress the fact that States frequently change their laws. This information is current through February The States that require all adult members to be included in home studies are Arizona, Colorado, Florida, Hawaii, Illinois, Indiana, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Utah, Washington, West Virginia, and Wisconsin. 3 Arkansas, Connecticut, Delaware, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Missouri, Nebraska, New Hampshire, New Mexico, Rhode Island, South Carolina, South Dakota (includes children age 10 and older), Texas, Vermont, and Virginia. 4 Alabama, Arkansas, Kansas, Massachusetts, Montana, New York, Ohio, Pennsylvania, South Dakota, Tennessee, and Utah. 5 Alaska, Arizona, Illinois, Kansas, New York, Ohio, Texas, Utah, Vermont, and Washington. 6 Alabama, Florida, Illinois, Iowa, New Mexico, North Carolina, and Vermont. 7 For more information on the basic qualifications for persons interested in adopting, see Information Gateway s Who May Adopt, Be Adopted, or Place a Child for Adoption? /systemwide/laws_policies/statutes/parties.cfm 8 Alabama (3 years), Arkansas (2 years), Mississippi (2 years), and New York (1 year). Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 2

3 cohabiting but not legally married to one another are not allowed to adopt. 9 Prospective adoptive parents must be in good health and have adequate income to meet the needs of the child(ren) placed in the family. Home ownership is not required, but a history of stable residency in a home that can accommodate, comfortably and safely, all family members including the adopted child, is needed. In 13 States, the prospective parents must have completed any family preparation training or orientation offered by the department. 10 No applicant can be excluded from consideration for an adoptive placement based on sex, race, national origin, or religion, but Colorado and New Mexico require that all applicants be lawfully present in the United States, and Alabama and New Mexico require that an applicant, or one member of a married couple, be a U.S. citizen. In eight States and Puerto Rico, applicants must be residents. 11 Elements of a Home Study The goal of the adoption home study is to assess whether the prospective adoptive parents have the ability to make a lifelong commitment to providing a nurturing home to the adopted child or children. If the parents have identified a particular child for adoption, the study will determine the parents ability to meet the specific needs of that child. The person conducting the study will interview the applicants and all family members, including any children, to assess the applicants parenting abilities, their attitudes toward adoption, and other social and personal characteristics. Personal references are contacted for further information. Some States require that at least some of the references be unrelated to the applicants. Onsite home visits are conducted to determine whether the home is safe, comfortable, and in conformity with local building codes. To ensure that the adoptive parents are healthy enough to provide appropriate care, 13 States, the District of Columbia, 9 Arkansas, Louisiana, Mississippi, Nevada, and Utah. 10 Alabama, Alaska, Arizona, Florida, Kansas, Maryland, Mississippi, New Hampshire, Ohio, Oregon, South Carolina, Washington, and Wisconsin. 11 Georgia (for at least 6 months), Idaho (6 months), Illinois (6 months), Indiana, Kentucky (12 months), South Dakota, Tennessee (6 months), Wyoming (60 days), and Puerto Rico (6 months). Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 3

4 and Guam require submission of the results of recent health examinations. 12 Checks of criminal records and child abuse and neglect records also are included in the study. Grounds for Withholding Approval An adoption home study will be given an unfavorable recommendation if the applicant or a member of the applicant s household has been convicted of any crime that would put a child at risk of harm. Specific crimes that are barriers to approval include child abuse and neglect; domestic violence; crimes against a child, including child pornography; and crimes of violence, including rape, sexual assault, and homicide. Any convictions for physical assault or battery or drug-related crimes committed within the past 5 years also may lead to an unfavorable recommendation. An applicant may be denied approval if he or she or a household member has a record of substantiated child abuse or neglect. Others grounds for withholding approval include: The applicant s income and/or financial skills are inadequate to provide for the family. The applicant s home is found to be unsafe or inadequate to provide for the needs of the family with the addition of an adoptive child. The applicant suffers from a physical or mental health condition that would interfere with providing appropriate care for children. The applicant falsifies or omits information on his or her adoption application. When Studies Must Be Completed The preplacement home study must be completed and receive a favorable recommendation before an adoptive child may be placed in the prospective adoptive parents home. If a placement is not made within a certain amount of time, most States will require an update to a home study to verify that the 12 Arizona, Idaho, Massachusetts, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, South Carolina, and South Dakota. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 4

5 applicant remains suitable to adopt. 13 The home study update may include updated medical reports, criminal records checks, and central registry checks, 14 as well as at least one interview with the applicants. Postplacement Study Requirements In most States, the placement of a child with an adoptive family will be supervised by a caseworker from the department or childplacing agency until the adoption is finalized by the court. 15 During this period of supervision, the adoption professional will make regular visits to the home and interview all family members in an effort to determine the level of integration and adjustment of the adoptive child to his or her new family. Based on his or her observations, the caseworker also may recommend services to assist the family in meeting the specific needs of the adopted child. The observations made during the supervisory visits are recorded in the family s case record, and in five States, regular progress reports on the family s adjustment are submitted to the court. 16 The caseworker will also document any changes in family circumstances that may affect the child. Laws in 22 States and Puerto Rico require an investigation and report be made to the court of the progress of the family during the postplacement period. 17 In 18 States and Puerto Rico, a report 13 In Mississippi and Tennessee, the home study must be updated every 6 months. Annual updates are required by Alaska, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Iowa, Kansas, Kentucky, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, West Virginia, and the District of Columbia. Studies are valid for 18 months in Arizona and North Carolina, and for 24 months in Alabama and North Dakota. 14 A central registry is a database of child abuse and neglect investigation records that are typically used to aid social services agencies in the investigation, treatment, and prevention of child abuse cases and to maintain statistical information for staffing and funding purposes. In many States, central registry records are used to screen persons who will be entrusted with the care of children. 15 Connecticut, Maine, Wisconsin, American Samoa, the Northern Mariana Islands, and the U.S. Virgin Islands have no specific provisions for postplacement supervision. 16 Idaho, Michigan, Mississippi, Missouri, and Tennessee. 17 Alabama, Iowa, Kentucky, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, and Washington. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 5

6 and recommendation on the suitability of the adoption are required. 18 Exceptions for Stepparent or Relative Adoptions The requirements for stepparent adoptions vary from State to State. 19 Minnesota requires a full background study of the adopting parent. California and Wisconsin offer abbreviated home studies for the adopting stepparent. In 16 States, the District of Columbia, and Puerto Rico, preplacement home studies are not required at all unless an assessment is ordered by the court. 20 In nine States and the District of Columbia, checks of the person s criminal history background and child abuse and neglect records must be completed. 21 In 19 States, American Samoa, and Puerto Rico, the postplacement investigation and report are not required unless ordered by the court. 22 Four States waive the requirement for postplacement supervision. 23 For adoption by a relative, Minnesota requires a full background study, while California offers an abbreviated study. In 12 States, a preplacement home study is not required unless ordered by the court. 24 Five States require criminal background and central registry checks. 25 In 17 States, a postplacement investigation and report may be waived by the court. 26 In three States, postplacement supervision is not required Iowa, Kansas, Kentucky, Louisiana, Minnesota, Montana, Nevada, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Virginia, and Washington. 19 For more information on stepparent and relative adoptions, see Child Welfare Information Gateway s Stepparent Adoption: /pubs/f_step. cfm 20 Arizona, Colorado, Connecticut, Idaho, Kentucky, Montana, Nebraska, New Hampshire, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, and Washington. 21 Arizona, Iowa, Missouri, Nebraska, New Jersey, New Mexico, Utah, Vermont, and Wisconsin. 22 Alabama, Alaska, Florida, Indiana, Iowa, Louisiana, Missouri, Montana, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, South Carolina, South Dakota, Utah, and Virginia. 23 Delaware, Indiana, Mississippi, and Ohio. 24 Arizona, Colorado, Idaho (grandparent adoptions only), Indiana (grandparent adoptions only), Kentucky, New Mexico, North Carolina, Oklahoma, Pennsylvania, Tennessee, Utah, and Vermont. 25 Arizona, California, Iowa, Massachusetts, and Utah. 26 Alabama, Alaska, Florida, Illinois, Iowa, Kansas, Louisiana, Maine, Nevada, New Mexico, New York, North Carolina, North Dakota, South Carolina, Tennessee, Utah, and Virginia. 27 Delaware, Mississippi, and Virginia. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 6

7 Requirements for Interjurisdictional Placements In all States, when a child is to be placed for adoption in a home outside his or her home State, that placement is subject to the provisions of the Interstate Compact on the Placement of Children (ICPC). 28 The State where the child is to be placed (receiving State) must conduct the home study on behalf of the State that is placing the child (sending State). The court of the sending State must accept the home study completed by the receiving State and determine whether the proposed adoption is in the child s best interests. Foster to Adopt Placements Laws and policies in 34 States and Guam provide procedures for a foster parent to adopt when his or her foster child becomes legally free for adoption. 29 In six States, the foster parent is the preferred placement if he or she qualifies and there are no relatives seeking to adopt the child. 30 Eleven States require that the child must have resided with the foster parents for a period of time before the foster parents can be considered for adoptive placement. 31 Once they have applied to adopt the child, an abbreviated home study will be conducted to determine the parents ability to provide a permanent home. The wishes of the foster child regarding the adoption also may be considered. In three States, foster parents who wish to adopt a child must undergo a full adoption home study and meet all relevant adoption home standards. 32 Three States offer a single assessment process for both foster and adoptive parents See Child Welfare Information Gateway for additional information on interjurisdictional placement: /adoption/adoptive/states_jurisdictions.cfm 29 Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wisconsin. 30 Illinois, Louisiana, Missouri, Oklahoma, South Carolina, and Tennessee. 31 Arizona (for 6 months), Massachusetts (6 months), Michigan (12 months), New York (12 months), Ohio (6 months), Oregon (12 months), Pennsylvania (6 months), Rhode Island (2 years), South Carolina (6 months), Tennessee (12 months), and Virginia (18 months). 32 Florida, Idaho, and Wisconsin. 33 Colorado, Connecticut, and Utah. Agencies in other States may require assessment and training for foster parents seeking to adopt beyond what is mandated in State law and regulation. For more information, see Information Gateway s webpage, Training for Foster, Adoptive, and Kinship Families, at /management/ training/curricula/foster Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 7

8 Six States have legal risk or foster/adopt licensure for foster parents. 34 This type of placement is used when the child has concurrent permanency plan goals of reunification and adoption. The foster parent, who is fully certified as both a foster and adoptive parent, agrees to work with the birth family toward reunification and is committed to adopting the child if reunification efforts should fail. For More Information Many States maintain an array of information resources on the adoption process and home study requirements on the Internet. Links to these resources, as well as links to the full text of relevant State agency regulations, are available under each State listing at the end of this publication. This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be complete, additional information on these topics may be in other sections of a State s code as well as agency regulations, case law, and informal practices and procedures. Suggested Citation: Child Welfare Information Gateway. (2012). Home study requirements for prospective parents in domestic adoption. Washington, DC: U.S. Department of Health and Human Services, Children s Bureau. 34 Maryland, Mississippi, New Mexico, Oregon, South Dakota, and Texas. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 8

9 Alabama Who Must Be Studied Citation: Ann. Code 26-10A-19(a) A preplacement investigation shall be made to determine the suitability of each petitioner and the home in which the child to be adopted will be placed. Agency or Person Conducting the Study Citation: Ann. Code 26-10A-19 A preplacement investigation or a postplacement investigation must be performed by one of the following: The Department of Human Resources A licensed child-placing agency An individual or agency licensed by the department to perform investigations A licensed social worker Qualifications for Adoptive Parents Citation: Admin. Code R (6) General requirements for applicants include: Both husband and wife must be at least age 19. Applications may be accepted from single persons. Married applicants must have been married at least 3 years. Applicants and members of their household age 19 and older are required to be fingerprinted and have criminal records checks. The family should have sufficient income and savings to meet its needs and provide for the child or children without difficulty. Medical reports indicating that all family members are in good health are required. The department must have assurance that the adoptive parents are willing to provide medical treatment to children as recommended by a licensed physician. Applications may be accepted from persons of any religious faith. Applications may be accepted from persons who currently live in Alabama and who expect to remain in Alabama long enough to complete the application process. Either the prospective father or mother must be a U.S. citizen. Race or national origin will not be used as a single or exclusive criterion. Elements of a Home Study Citation: Ann. Code 26-10A-19; Admin. Code R (7) The investigation shall include a criminal background investigation and any other circumstances that might be relevant to the placement of an adopted child with the petitioners. The investigation of the adoptive parents must include: The suitability of each petitioner, and his, her, or their home for the child Any orders, judgments, or decrees affecting the child or any children of the petitioner Criminal background investigations The costs and expenses connected with the adoption Any other circumstances that may be relevant to the placement of the child with the petitioners In regulation: The home study will consist of the following elements: At least one home visit as well as individual interviews with the applicant(s) Information on the adoptive couple or person, including reasons for adopting and family background Interviews with at least two references after it is reasonably certain that the applicant(s) will be recommended for approval A diagnostic evaluation including a recommendation of the type of child as well as future plans for the applicant(s) Completion of adoption training as outlined in regulation Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 9

10 Grounds for Withholding Approval Citation: Admin. Code r No home can be approved in which any adult who lives in the household has been convicted at any time of: A sex-related crime Serious intentional, reckless, or negligent physical injury, danger, or death of any person A crime against a child A crime involving major intrusion upon property or use of a weapon to secure property Arson The manufacture, sale, distribution, use, or possession of controlled substances or alcohol Exceptions can be made for some convictions that have occurred in the past when there is credible documentation of rehabilitation. No exception will be granted when there is a criminal conviction involving a sex-related crime against a child or serious intentional reckless or negligent physical injury or death of a child. When Studies Must Be Completed Citation: Admin. Code R A child may not be placed in a prospective adoptive home prior to completion of a preplacement investigation of the petitioners and their home. The preplacement investigation must have been completed within 24 months of the placement of the child. Postplacement Study Requirements Citation: Ann. Code 26-10A-19 In every adoption proceeding, after a child has been placed in the home, a postplacement investigation must be conducted as soon as possible after notice of the placement but within 45 days after the placement. In the investigation, an investigator must observe the adopted child and interview the petitioner in their home to verify all allegations of the petition. The report shall include sufficient facts for the court to determine whether there has been compliance with consent or relinquishment provisions and all of the information enumerated above that was not obtained in the preplacement investigation. Exceptions for Stepparent or Relative Adoptions Citation: Ann. Code 26-10A-27; 26-10A-28 Unless otherwise directed by the court, no investigation shall be required when a person seeks to adopt his or her spouse s child. Unless otherwise directed by the court, no investigation is required when a grandfather, grandmother, great-grandfather, great-grandmother, great-uncle, great-aunt, brother, half-brother, sister, half-sister, aunt, or uncle of the first degree and their respective spouses seek to adopt a minor grandchild, brother, half-brother, sister, half-sister, nephew, niece, greatgrandchild, great niece, great nephew. Requirements for Interjurisdictional Placements Citation: Ann. Code 26-10A-35; The person or agency bringing the child into the State to be adopted must first obtain the consent of the department. The department is authorized to designate an agency in the other State to interview the child s parent(s) to obtain social, background, and medical information about the child. The department shall be authorized to make a thorough investigation of the proposed parents and their home to determine whether they are financially able, physically able, and morally fit to have care, supervision, training, and control of the child. If the child, subsequent to being brought into the State, becomes dependent, neglected, or delinquent prior to his or her adoption or becoming of legal age of majority, the child shall be subject to the laws of Alabama as if he or she were a resident child of the State. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 10

11 Foster to Adopt Placements Citation: Admin. Code R (10)(b), (11) The decision whether the foster home will be approved as the child s adoptive home will be a decision of the department based upon the following factors: The child s attachment to the foster parents The length of time the child has been in the home The age of the child in relation to age of foster parents The health and income of the foster parents Involvement/interference from the birth family The appropriateness of the foster home placement The approved adoptive family must be issued a foster home approval for the particular child to be placed unless the resource is already an approved foster home. Links to Resources Alabama Adoption Checklist State regulations full text (PDF - 84 KB) Alaska Who Must Be Studied Citation: Admin. Code Tit. 7, An agency shall conduct a home study for all applicants in the family being considered as an adoptive home. Agency or Person Conducting the Study Citation: Alaska Stat The investigation of the petitioner shall be made by the Department of Health and Social Services or any other qualified agency or person designated by the court. Qualifications for Adoptive Parents Citation: Alaska Stat ; Admin. Code Tit. 7, Any husband and wife together or unmarried adult may adopt a child. In regulation: The application for adoption must include evidence that the applicant has completed any orientation or training required by the agency. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 11

12 Elements of a Home Study Citation: Admin. Code Tit. 7, The home study must include at least the following: One face-to-face interview with all individuals living in the home One onsite home visit An assessment of the capabilities, willingness, and readiness of the prospective adoptive parent to properly parent a child not born to the parent A State and Federal criminal history record check for each adult member of the household At least three positive written references on the applicant, at least two of which are from persons unrelated to the applicant The agency shall obtain all available information about each adoptive applicant regarding the following: Motivation and level of preparedness for adoption Current residence and the suitability of the family to provide a safe and healthy living environment for a child Physical, mental, and emotional health status of all persons living in the home The quality of marital and family relationships The attitude of the extended family and friends regarding adoption The applicant s feelings about his or her childhood and parents, including any history of abuse or neglect Values, feelings, and practices in regard to parenting, child discipline, and care Sensitivity to different socioeconomic, cultural, and ethnic groups in relation to the family s ability to properly parent an adoptive child and to maintain the cultural or ethnic identity of the child Behavior, background, special needs status, or other characteristics of a potential adoptive child that the family can and cannot accept and why, and a discussion of the prospective adoptive parent(s) preparation, willingness, and ability to provide proper care for such a child Financial status and ability to support a child, including income, financial resources, debts, expenses, employment history, insurance coverage, and the family s ability to address possible ongoing needs of the child Grounds for Withholding Approval Citation: Admin. Code Tit. 7, ; Except when placing a child under emergency conditions, an adoption home may not be approved if a person in the home has a disqualification described below. In an emergency placement, an agency shall complete required clearances on persons in the home as soon as possible following the placement. However, the agency shall review the Alaska Sexual Offender Registry before placement of a child and a check of local court records before placement or on the first day that the court is open following the placement of a child. A person may not be approved as an adoptive parent if: The person has record of having committed a barrier crime. The person s name appears on the central registry. The person has a physical or behavioral health problem that poses a significant risk to the health, safety, or wellbeing of children. The person was the subject of prior adverse licensing action. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 12

13 When Studies Must Be Completed Citation: Alaska Stat ; Admin. Code Tit. 7, A written report of the investigation shall be filed with the court by the investigator before the petition is heard as long as the report is filed within 30 days of the designation by the court of the department, agency, or person to make the investigation. In regulation: If a child has not been placed with the adoptive applicants within 1 year of the time the home study is completed, the home study must be made up-to-date within the 30-day period before a child is placed in the home. The written update must include: A review and any required updating of each category of information in the adoptive home study Documentation of at least one additional visit within the past 6 months to the home when all individuals living in the home were present Postplacement Study Requirements Citation: Admin. Code Tit. 7, During the postplacement period, the agency shall document any changes in the adoptive family in health, financial condition, or composition that may affect the child. Exceptions for Stepparent or Relative Adoptions Citation: Alaska Stat Unless directed by the court, an investigation and report is not required in cases in which a stepparent is the petitioner or the adopted child is within the fourth degree of lineal or collateral consanguinity to the petitioner. Requirements for Interjurisdictional Placements Citation: Alaska Stat Placement of children in or from another State for possible adoption are subject to the provisions of the Interstate Compact on the Placement of Children. Foster to Adopt Placements This issue is not addressed in the statutes and regulations reviewed. Links to Resources State regulations full text (PDF - 39 KB) American Samoa Who Must Be Studied Citation: A.S. Code The petitioner for adoption must be studied to determine his or her suitability to parent the child. Agency or Person Conducting the Study Citation: A.S. Code A study and written report may be completed by the Department of Health, a child-placing agency, or the Probation Department of the court. Qualifications for Adoptive Parents Citation: A.S. Code Any person age 21 or older may petition the court to adopt a child. A minor, upon approval of the court, may petition to adopt a child. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 13

14 Elements of a Home Study Citation: A.S. Code ; The study and report shall assess the following: The physical and mental health, emotional stability, and moral integrity of the petitioner The ability of the petitioner to promote the welfare of the child The petitioner s moral character The petitioner s ability to support and educate the child The suitability of the adoptive home Grounds for Withholding Approval Citation: A.S. Code ; The court may dismiss the adoption petition if it is not satisfied as to the character and suitability of the petitioner or there is reason to believe the person s physical condition would make the person unable to take care of the child. When Studies Must Be Completed Citation: A.S. Code ; In placements by the Department of Health or child-placing agencies, the report of the study shall be filed with the consent to adoption. If a petition is not accompanied by the written consent and report, the court shall order an investigation and report. Postplacement Study Requirements This issue is not addressed in the statutes reviewed. Exceptions for Stepparent or Relative Adoptions Citation: A.S. Code The requirement for an investigation and written report does not apply to stepparent adoptions and those cases in which placement for adoption has been made by the court, by an individual in whom guardianship of the person of the child has been placed by the court, or in accordance with the law of another State or territory. Requirements for Interjurisdictional Placements This issue is not addressed in the statutes reviewed. Foster to Adopt Placements This issue is not addressed in the statutes reviewed. Links to Resources None available online. Arizona Who Must Be Studied Citation: Rev. Stat The prospective adoptive parents and any adult members of the adoptive parents household must be included in the study. Agency or Person Conducting the Study Citation: Rev. Stat The study and report are completed by the division or agency, or a person or agency designated by the court. Qualifications for Adoptive Parents Citation: Admin. Code R Prior to accepting a certification application from a person contemplating adoption of a child, or an application for placement from a person who intends to seek a placement through the entity, an adoption entity shall provide the person with adoption orientation. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 14

15 Elements of a Home Study Citation: Rev. Stat ; The application for certification shall include a financial statement and a physician s statement of the applicant s physical health. An investigation of the prospective adoptive parents shall be conducted to determine whether they are fit and proper persons to adopt children. The prospective adoptive parent and each adult member of the household must certify whether that person is awaiting trial on or has ever been convicted of any of the criminal offenses listed in (B)-(C). An officer of the court may obtain a State and Federal criminal records check. The investigation and report to the court shall consider all relevant and material facts dealing with the prospective adoptive parents fitness to adopt children and shall include: A complete social history The financial condition of the applicant The moral fitness of the applicant The religious background of the applicant Physical and mental health conditions of the applicant Any court action for or adjudication of child abuse, abandonment of children, dependency or termination of parent-child relationship All other facts bearing on the issue of the fitness of the prospective adoptive parents A social study shall be submitted to the court 10 days before the hearing on the petition to adopt. The social study shall include the following: The child s adjustment to the adoptive parent(s) home The prospective adoptive parent s suitability to adopt The existing and proposed arrangements regarding the child s custody State and Federal criminal records checks and a central registry records check, including any history of child welfare referrals, of the prospective adoptive parent and each adult who is living permanently with the prospective adoptive parent Any other information that is pertinent to the adoption proceedings Grounds for Withholding Approval Citation: Admin. Code R In determining whether to recommend certification of an applicant, the adoption entity shall consider all factors bearing on fitness to adopt, including, but not limited to: The length and stability of the applicant s marital relationship, if applicable The applicant s age and health Past, significant disturbances or events in the applicant s immediate family, such as involuntary job separation; divorce; or death of spouse, child, or parent; and history of child maltreatment The applicant s ability to financially provide for an adopted child The applicant s history of providing financial support to the applicant s other children, including compliance with court-ordered child support obligations The certification report shall specifically note any instances in which an applicant has: Been charged with, been convicted of, pled no contest to, or is awaiting trial on charges of an offense listed in Rev. Stat Lost care, custody, control, or parental rights to a child as a result of a dependency action or action to terminate parental rights If the report recommends denial of certification, the adoption entity shall send the applicant written notice of the unfavorable recommendation and an explanation of the applicant s right to petition the court for review. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 15

16 When Studies Must Be Completed Citation: Rev. Stat Before any prospective adoptive parent may petition to adopt a child, the person shall be certified by the court as acceptable to adopt children. A certificate shall be issued only after an investigation. The investigation and report to the court must be completed within 90 days after the application for certification has been accepted. Within 60 days after receiving the investigation report, the court shall certify the applicant as acceptable or unacceptable to adopt children based on the investigation report and recommendations of the report. A certification remains in effect for 18 months from the date of its issuance and may be extended for additional 1-year periods if after review the court finds that there have been no material changes in circumstances that would adversely affect the acceptability of the applicant to adopt. Postplacement Study Requirements Citation: Admin. Code R When a child is placed for adoption with a person who is not the child s foster parent, a case manager from the adoption entity shall visit the home within 30 calendar days of placement to: Ensure that the adoptive parent received all available nonidentifying information on the child Address any questions or concerns the adoptive parent or child may have about the adoption process or placement Ensure that the family has addressed the educational needs of a school-age child Ensure that an adoptive parent who works has made appropriate child care arrangements Following the initial placement visit, a case manager shall: Visit the adoptive family at least once every 3 months until the adoption is finalized, except when the adoptive child is a child with special needs the visits shall occur at least once a month Interview all members of the adoptive family s household Discuss the following issues with the adoptive parent if appropriate in light of the child s age and development: How the presence of the child has changed familial relationships How the child and the extended family view each other The role each family member has assumed regarding child care and discipline How the parent is coping with the needs and demands of the placed child How the child challenges or tests the placement and how the family reacts to these episodes, including any feelings of insecurity about the propriety of the family members response How the family perceives the child s sense of identity and the need to fill in gaps in the child s history How the child has adjusted to the school environment If developmentally appropriate, privately interview the child about the child s feelings about the adoption and the matters listed above Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 16

17 Exceptions for Stepparent or Relative Adoptions Citation: Rev. Stat ; The requirements for a certification study do not apply if: The prospective adoptive parent is the spouse of the birth or legal parent of the child to be adopted or is an uncle, aunt, adult sibling, grandparent, or great-grandparent of the child by whole or half-blood, or by marriage or adoption. The birth or legal parent is deceased, but at the time of death, the parent had legal and physical custody of the child to be adopted, and the child had resided primarily with the spouse of the birth or legal parent during the 24 months before the death of the parent. The grandparent, great-grandparent, aunt, adult sibling, or uncle is deceased, but at the time of death that person had legal and physical custody of the child to be adopted, and the child had resided primarily with the spouse of the grandparent, great-grandparent, aunt, adult sibling, or uncle during the 24 months before the death of the grandparent, great-grandparent, aunt, adult sibling, or uncle. The social study may consist only of the results of the State and Federal criminal records check and the central registry records check if either of the following is true: The prospective adoptive parent is the child s stepparent who has been legally married to the child s birth or legal parent for at least 1 year, and the child has resided with the stepparent and parent for at least 1 year. The prospective adoptive parent is the child s adult sibling, by whole or half blood, or the child s aunt, uncle, grandparent, or great-grandparent, and the child has resided with the prospective adoptive parent for at least 1 year. Requirements for Interjurisdictional Placements Citation: Rev. Stat Placements of children for adoption in or from another State are subject to the provisions of the Interstate Compact on the Placement of Children. Foster to Adopt Placements Citation: Rev. Stat ; Admin. Code R If the child being considered for adoption has resided with the prospective adoptive parent for at least 6 months, and the prospective adoptive parent is a foster parent who is licensed by this State, the social study may consist only of the following: The results of a central registry records check A review of any material changes in circumstances that have occurred since the previous license renewal that affect the prospective adoptive parent(s) ability to adopt the child In regulation: When a foster parent plans to adopt a foster child who is age 5 or older, a case worker from the adoption entity shall privately interview the child and all members of the adoptive family household who are age 5 or older about their feelings toward the adoption before the adoption consent is signed. When a child is placed for adoption with a person who has been a foster parent to the child, a case manager from the adoption entity shall conduct home visits at least every 2 months from the time legal consent for adoption has been signed until the finalization of adoption. If the adoptive child is a child with special needs, the case manager shall visit at least once a month. Links to Resources Arizona Department of Economic Security, Division of Children, Youth and Families, Steps to Become a Foster or Adoptive Parent State regulations full text (PDF - 44 KB) Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 17

18 Arkansas Who Must Be Studied Citation: Rules & Regs CARR 005, 300 Each member of the adoptive family shall be included in the approval process. Agency or Person Conducting the Study Citation: Rules & Regs CARR 005, 300 The social worker or agency shall conduct the home study. Qualifications for Adoptive Parents Citation: Rules & Regs CARR 005, 300 In a two-parent home, the husband and wife shall provide verification that they have been married at least 2 years. Each member of the adoptive household shall have a physical exam within 6 months prior to the approval by the social worker or agency conducting the home study, and annually thereafter until placement, to ensure that no person has a health condition or disability that would interfere with the family s ability to care for a child. All members of the household older than age 12 shall receive a Mantoux skin test for tuberculosis every 3 years, as long as test results remain negative. Elements of a Home Study Citation: Rules & Regs CARR 005, 300 The adoptive home study shall contain the information required by regulation, including the following: The mental health, emotional stability, and maturity of the applicants The physical health of all household members The financial status and stability of the family, including verification of income and employment At least three confidential personal references The family s ability to cope with stress, loss, and crisis Adjustment and well-being of any minors residing in the home The family s child-caring skills and willingness to acquire additional skills The family s discipline practices and religious affiliation An assessment of the safety of the home, including all water hazards, dangerous pets, and firearm safety A statement regarding the availability and results from criminal records and child maltreatment central registry checks, dated to within 1 year prior to placement The stability of the adoptive family and their marriage, if applicable Grounds for Withholding Approval Citation: Rules & Regs CARR 005, 300 A minor may not be adopted if the individual seeking to adopt is cohabiting with a sexual partner outside of a marriage that is valid under the constitution and laws of this State. This prohibition applies equally to cohabiting opposite-sex and same-sex individuals. When Studies Must Be Completed Citation: Rules & Regs CARR 005, 300 The adoptive home study must be current to within 1 year prior to each adoptive placement. Postplacement Study Requirements Citation: Rules & Regs CARR 005, 300 The agency caseworker shall ensure that at least two postplacement visits in person are made before the final decree of adoption is issued, or the stipulated time of the fulfillment of the interlocutory decree. One of the visits shall be in the home of the adoptive family. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 18

19 Exceptions for Stepparent or Relative Adoptions Citation: Ann. Code The requirement to file with the court a report of expenditures connected to the adoption does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child, or to an adoption in which the adopted person is an adult, or where the petitioner and the minor are related in the second degree. Requirements for Interjurisdictional Placements Citation: Ann. Code Sending a child to another State for placement in an adoptive home or receiving a child from another State for placement in an adoptive home is subject to the provisions of the Interstate Compact on the Placement of Children. Foster to Adopt Placements Citation: Ann. Code (f) A family that has a foster child in its home who was placed by the department shall be eligible for the streamlined adoption process if the department selects the foster family to be the adoptive family of the foster child. Upon selection, the department shall complete the adoptive home study within 45 business days. The department shall not require the foster family to attend training. Links to Resources Arkansas Heart Gallery website State regulations full text (PDF - 39 KB) California Who Must Be Studied Citation: Fam. Code 8811 Each person filing an adoption petition must be investigated. Agency or Person Conducting the Study Citation: Fam. Code 8811 The Department of Social Services or a delegated county adoption agency shall conduct the assessment and investigation. Qualifications for Adoptive Parents Citation: Fam. Code 8601 A child may be adopted by an adult who is at least 10 years older than the child. An exception to this requirement may be made if the adoptive parent is a stepparent, sister, brother, aunt, uncle, or first cousin of the child and, if that person is married, is adopting jointly with his or her spouse. Elements of a Home Study Citation: Fam. Code 8811; 9001 Each person filing an adoption petition must submit fingerprints and obtain from an appropriate law enforcement agency any criminal record to establish whether he or she has ever been convicted of a crime other than a minor traffic violation. The criminal record, if any, shall be taken into consideration when evaluating the prospective adoptive parent, and an assessment of the effects of any criminal history on the ability of the prospective adoptive parent to provide adequate and proper care and guidance to the child shall be included in the report to the court. A home study shall be conducted that consists of a physical investigation of the premises where the child will reside. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 19

20 Grounds for Withholding Approval Citation: Fam. Code 8811; 8822 Under no circumstances shall the Department of Social Services or a delegated county adoption agency give final approval for an adoptive placement in any home where the prospective adoptive parent or any adult living in the prospective adoptive home has either of the following: A felony conviction for child abuse or neglect, spousal abuse, crimes against a child including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide A felony conviction that occurred within the past 5 years for physical assault, battery, or a drug- or alcohol-related offense The department or delegated county adoption agency may find that the home of the petitioners is not suitable for the child and recommend that the petition be denied. When Studies Must Be Completed This issue is not addressed in the statutes and regulations reviewed. Postplacement Study Requirements Citation: Calif. DSS Manual, Regs through The agency shall supervise the adoptive placement of the child with the prospective adoptive parent unless the child was adopted abroad. The supervision shall commence when the child is placed with the prospective adoptive parent and continue until a final decree of adoption is granted or the child is removed from the home of the prospective adoptive parent. The duration of the supervisory period shall be no less than 6 months unless: The adoptive parent has successfully completed the adoption of another child in California within the past 5 years. The adoptive parent is in the military service of the United States or is employed by the American Red Cross and completion of the 6-month supervisory period would delay completion of an adoption that the agency has determined should be completed. During the supervisory period, the agency shall provide the following services as needed to the prospective adoptive parent and to the adoptive child so that the child may be integrated successfully into the family: Liaisons between the family and schools, mental and physical health agencies, rehabilitation service agencies, and other community resources Updates of the psychological and medical history form to reflect any additional information revealed during the supervisory period Updates of the assessment of the child to reflect any additional information discovered during the supervisory period During the supervisory period, the agency shall conduct at least one interview in the home of the prospective adoptive parent with the parent and the adoptive child. The agency shall conduct at least three additional interviews with the prospective adoptive parent unless the duration of the supervisory period has been reduced to less than 6 months. Gateway. Available online at /systemwide/laws_policies/statutes/homestudyreqs_adoption.cfm 20